The subject of the dispute concerns the correctness of closing the criminal proceedings due to the expiration of pre-trial investigation terms. The court was guided by the position of the United Chamber of the Cassation Criminal Court dated April 1, 2024, which stated that the period between the closure of criminal proceedings and the cancellation of the closure order (from May 22, 2020 to November 4, 2021) should not be included in the pre-trial investigation period if no suspicion was communicated to anyone during this period. Therefore, the conclusion of the lower courts that this period should be taken into account in the pre-trial investigation term is erroneous. This means that the pre-trial investigation was conducted within the terms established by law.
The Supreme Court revoked the decisions of the first and appellate instance courts and referred the case for a new hearing to the court of first instance.